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HomeMy WebLinkAbout6115ORDINANCE NO. 61 1 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING A MAJOR AMENDMENT TO THE LAKELAND HILLS SOUTH PLANNED UNIT DEVELOPMENT FINAL DEVELOPMENT PLAN WHEREAS, the City of Auburn has received an application from Apex Engineering on behalf of Evergreen-Tucci Partners to amend the Final Development Plan for the Lakeland Hills South Planned Unit Development; and WHEREAS, on July 18, 2007, the Hearing Examiner conducted a duly . noticed public hearing on the matter and on August 1, 2007, issued a decision recommending the City Council approve the major amendment, subject to conditions; and, WHEREAS, final approval is appropriate for City Council action; and WHEREAS, based on the review given this matter by the Hearing Examiner, the City Council hereby makes and enters the following: FINDINGS OF FACT 1. Site/Proposal Description. A. Background. The applicants request a "Major Amendment" to the Lakeland Hills South Planned Unit Development Final Development Plan ("Development Plan"). A Major Amendment is subject to the review process of Chapter 18.76 ACC. The application qualifies as a major amendment because it involves a change in the number of dwelling units for some of the planning areas by more than 10%. The Development Plan is essentially a conceptual site plan for the 765-acre Lakeland Hills South Planned Unit Development (PUD) that specifies land uses (for each planning area) and general infrastructure. The Development Plan sets a limit for the number of dwelling units allowed within each planning area designated for residential development. The total number of dwelling units for the entire PUD is capped at 3,408 units. The Development Plan is not the last step in the development review process. The Development Plan is conceptual and does not authorize specific --------------- Ordinance No. 6115 August 14, 2007 Page 1 subdivisions or site plan design. These are addressed at subsequent preliminary plat or site plan applications. A proposed preliminary plat for one of the planning areas subject to this application (for Area 9) is being processed concurrently with this application. The EIS requires phased environmental review for the PUD. This means that environmental impacts are addressed and mitigated at each step of the development review process. For the requested amendments, aone-page EIS addendum was issued. In this addendum, the SEPA-responsible official determined that no further environmental review or mitigation was necessary for the requested amendments. B. Requested Amendment. The proposed amendments are all incorporated into the Final Development Plan admitted as Exhibit 7. The amendments do not change the total number of dwelling units allowed for the Development Plan but only seek to redistribute them. The amendments incorporated into Exhibit 7 are summarized as follows: (1) Increase number of dwelling units allowed in Area 7 from 80 to 210. (2) Increase number of dwelling units allowed in Area 9 from 7 to 9. (3) Decrease the number of dwelling units allowed in Area 16 from 683 to 511. (4) Add planned collector roadways and road connections and existing infrastructure and development. (5) Designate three subareas within Area 7 for public use or open space. No dwelling units will be allowed in these areas. 2. Characteristics of the Area. The staff report does not identify surrounding land uses. The most significant changes involved in the Major Amendment are located in Areas 7 and 16, located in the southeast portion of the PUD. The area surrounding Areas 7 and 16 within the City of Auburn appear to be zoned single-family and moderate density residential. Wetlands also border Area 7 to the west. 3. Adverse Impacts. Since the total number of dwelling units will not be changed by the amendments, it is unlikely that the amendments will create any significant adverse impacts. Notably, the density will be shifted from the perimeter of Area 7 to Subarea 7A. This will result in the buffering of development within Area 7 buffered from exterior land uses by open space and public use tracts in Areas 7A, 7B and 7C. Area 16, which is also located on the perimeter of the PUD, will also have its density reduced. As testified by staff during the hearing, this redistribution in density will not result in any changes to the infrastructure generally approved in the Development Plan. --------------- Ordinance No. 6115 August 14, 2007 Page 2 4. Adequacy of Infrastructure and Public Services. As previously noted, the Development Plan will be subject to further review through subdivision and/or site plan applications. At that time the specific infrastructure needs for specific development will be assessed. During Development Plan review the adequacy of infrastructure is assessed at a more general level with the focus upon ensuring that infrastructure can be generally provided and that it is coordinated in an efficient manner on a PUD-wide basis. The conditions of approval address the timing of infrastructure improvements in order to ensure this coordinated development. As noted previously, staff testified that the density redistribution proposed in the subject amendments will not necessitate any changes to the PUD-wide infrastructure systems. Staff also verified that from an engineering standpoint the change in density could be served by sewer and stormwater systems. Staff also concluded that the amendments could be served by water as well. As conditioned by staff, the amendments will include adequate infrastructure and public services. CONCLUSIONS OF LAW 1. Zoning Designation. Planned Unit Development District -- Lakeland Hills South Special Plan Area. Areas 7, 9, and 16 are also all designated Moderate Family Residential. 2. Review Criteria and Application. ACC 18.76.170 requires a property owner to apply for a Major Amendment if the owner seeks to change the number of dwelling units allowed in any planning area within a planned unit development by more than 10%. As noted in the Findings of Fact, the subject amendments propose more than a 10% change in Areas 7, 9, and 16. ACC 18.76.140 governs the criteria for Major Amendments. Relevant criteria are quoted below with corresponding conclusions of law. ACC 18.76.140(A): Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, or sites for schools. 3. As identified above in Finding of Fact No. 6, the project is served by adequate infrastructure. As noted in Finding of Fact No. 5, the project should not create any significant adverse impacts as conditioned. For these reasons the criterion above is satisfied. ACC 18.76.140(6): The proposed Major Amendment to the PUD is in accordance with the goals, policies and objectives of the Comprehensive Plan. 4. Staff has concluded that the future collector road dividing Areas 7A and 16 (as depicted in Exhibit 7) and other traffic-related conditions are consistent with --------------- Ordinance No. 6115 August 14, 2007 Page 3 the Transportation Element of the Auburn Comprehensive Plan. The proposed densities are also consistent with the Comprehensive Plan Medium Density Residential designation for the PUD. ACC 18.76.140(C): The Major Amendment is consistent with the purpose of this chapter, ACC 18.76.010, provides for the public benefits required of the development of PUDs and does not result in only increasing the number of units that would otherwise be attained through a development using the existing zoning and subdivision standards. ACC 18.76.010 provides as follows: ACC 18.76.010 Purpose. The comprehensive plan provides the Lakeland Hills South special area plan is intended to be consistent with the conditions of approval of the Lakeland Hills South PDD (Pierce County Hearings Examiner Case No. Z15- 90/UP9-70) as amended. The conditions of approval which remain applicable are attached to Ordinance No. 5092 as Exhibit A and incorporated herein by reference. Auburn has accepted the Lakeland Hills South PUD as an approved PUD. Therefore, this purpose section shall apply to minor and major amendments to the Lakeland Hills South PUD. The purpose of a planned unit development (PUD) district is to offer enhanced flexibility to develop a site through innovative and alternative development standards. A PUD district also allows for a greater range of residential development scenarios, provides for internal transfers of density, and may result in more dwelling units than may be realized by using the existing development standards. In exchange for this enhanced flexibility, the city will require the PUD to result in a significantly higher quality development, generate more public benefit and be a more sensitive proposal than would have been the case with the use of standard zoning or subdivision procedures. In order for a PUD to be approved it will be the applicant's responsibility to demonstrate, to the city's satisfaction, that the proposed PUD achieves or is consistent with the following desired public benefits and expectations in whole or in part: A. Preservation of Natural Amenities. Preservation of desirable site characteristics such as open spaces and the protection of sensitive environmental features including steep slopes, rivers, creeks, wetlands, lakes and scenic views. --------------- Ordinance No. 6115 August 14, 2007 Page 4 B. Pedestrian-Oriented Communities. Use of traffic management and design techniques to reduce traffic congestion and increase the potential use of alternative modes of travel such as mass transit, pedestrian and bicycle traffic. C. Land Use Efficiencies. Provide efficient and effective use of land, open space and public facilities that result in lower development cost and make housing more affordable. D. Implementation of the Comprehensive Plan. Provide development that is consistent with the goals and policies of the comprehensive plan. PUDs may also allow for a small amount of development from other comprehensive plan designations if determined to be appropriate for the PUD and its surroundings. E. Enhanced Design Features. Provide building and structural designs that complement surrounding land uses and their environment. Design standards should reflect quality site planning, landscaping and building architecture. F. Creation of Public Amenities. Enhance parks and open spaces consistent with the comprehensive park plan and nonmotorized plan. G. Affordable Housing. Provide affordable housing options in accordance with Auburn's comprehensive plan. 5. The amendments create a net increase in public benefit by the dedication of a significant amount of additional open space in Area 7. This in turn creates greater consistency with ACC 18.76.010(A), which encourages the preservation of open space. See above. Greater consistency is also achieved by the designation of major street connections in Areas 7 and 16, because this promotes effective and efficient use of public facilities as encouraged by ACC 18.76.010(C). Beyond this, the other amendments are fairly neutral in their impact on consistency with ACC 18.76.010. As noted previously, there is no increase in the number of dwelling units and no adverse impacts associated with the reallocation of dwelling units amongst planning areas. ACC 18.76.140(D): The proposed Major Amendment to the PUD conforms to the general purposes of other applicable policies or plans which have been adopted by the City Council. 6. As noted previously, the amendments are consistent with the Auburn Comprehensive Plan, including the transportation element and the land use designations. The amendment is also consistent with the Development Plan, because the conditions of approval assure proper timing of infrastructure --------------- Ordinance No. 6115 August 14, 2007 Page 5 improvements to assure coordinated infrastructure development on a PUD-wide basis, and the dedication of additional open space increases the overall public benefit of the PUD. ACC 18.76.140(E): The approval of the Major Amendment will have no more adverse impact upon the surrounding area than the approved Lakeland Hills South PUD as shown on the Official Lakeland Plan Map. 7. The amendments result in the redirection of density towards the interior of the PUD (Area 7A) while also providing for open space designations on the perimeter of the PUD (in Areas 7C and 7D). This creates a net benefit to adjoining uses. There are no adverse impacts to adjoining uses discernable from the record. NOW THEREFORE, Based on the foregoing Findings of Fact and Conclusions, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Approval. The requested Major Amendment to the Lakeland Hills South Planned Unit Development Final Development Plan, is hereby approved, subject to the following conditions: 1. Future developments within the PUD shall require individual environmental (SEPA) review and project conditioning, through the appropriate mechanism for the type of development proposed (i.e., preliminary and final plat approval for subdivisions or binding site plan approval for no-plat projects). This requirement shall not apply to site grading activities already under review for Areas 7A, 16B, 16C and 16D. 2. Area 7B shall be designated as "Parks/Public Use" and Areas 7C and 7D shall be designated as "Open Space." Any desired change from that use category shall require a subsequent amendment to the Final Development Plan and potentially, additional environmental review. 3. As part of the review of development permits for Planning Area 7A and Planning Area 16D, the applicant shall demonstrate the following to the satisfaction of the City Engineer: • All storm water runoff from public areas shall be conveyed to an approved public storm facility, preferably the existing storm pond located to the west of the project areas. • All storm water from private surfaces must be collected, conveyed and treated in accordance with the City's Design and Construction standards. --------------- Ordinance No. 6115 August 14, 2007 Page 6 • In the event any storm water within Planning Area 16D results from public surfaces, a public storm water facility shall be designed, developed and dedicated to the City of Auburn. 4. Prior to the issuance of any building permit for Planning Areas 7A, 16C or 16D, adequate right-of-way shall be dedicated at the intersection location on Sumner-Tapes Highway to allow for installation of a traffic signal, which shall be constructed by the project developer prior to the cumulative 251st dwelling unit constructed within any or all of these planning areas. This intersection shall be designed to serve as the principal access point for these three planning areas. 5. Prior to occupancy of any structures within Planning Areas 7A, a public collector road shall be constructed and dedicated to the City from the intersection noted in Condition #4 above to the northern boundary of Planning Area 16D. Prior to the occupancy of any structures within Planning Area 16D, the road shall be extended south to the Williams (Northwest) pipeline, terminate in a temporary cul-de-sac, and subsequently be dedicated to the City. No building construction shall be allowed within Area 16D until the roadway is constructed to its northern boundary. 6. Planning Area 16C shall be allowed one access point to the existing public roadway system, on Sumner-Tapes Highway at its intersection with the new collector roadway. This access point shall be constructed as a boulevard design. In addition, an emergency only access point onto Sumner-Tapes Highway will also be required. 7. The intersection with Sumner-Tapes Highway of the collector roadway serving Planning Areas 7A and 16D shall be constructed as a boulevard design to ensure proper alignment with Planning Area 16C access. In addition, two emergency only access points will be required, one located west and one located east of the collector road's intersection with Sumner-Tapes Highway. 8. The applicant shall install street trees and aCity-approved street lighting system to complete the previously constructed frontage improvements along Sumner Tapes Highway East from Station 30+00 to Station 45+40 as depicted on the Sumner Tapes Highway East Extension plans prepared by CH2M Hill for Pierce County, dated December 29, 1998. Section 2. Constitutionality or Invalidity. If any section, subsection clause or phase of this Ordinance is for any reason held to be invalid or unconstitutional such invalidity unconstitutionality shall not affect the validity or --------------- Ordinance No. 6115 August 14, 2007 Page 7 constitutionality of the remaining portions of this Ordinance, as it is being hereby expressly declared that this Ordinance and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed adopted and approved and ratified irrespective of the fact that nay one or more section, subsection, sentence, clause or phase be declared invalid or unconstitutional. Section 3. Recordation. Upon the passage, approval and publication of this Ordinance as provided by law, the City Clerk of the City of Auburn shall cause this Ordinance to be recorded in the office of the Pierce County Auditor. Section 4. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 5 Effective Date. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. INTRODUCED: AUG 2 0 2007 PASSED: AUG 2 0 2007 APPROVED: A~~2 0 2007 PE~'ER B. LEWIS MAYOR ATTEST: Dan'elle E. Daskam, City Clerk APPR AS FORM: D iel B. Heid City Attorney Published: (1~' - ~ 3- ~~~~ ~ --------------- Ordinance No. 6115 August 14, 2007 Page 8